The "ISP" in this contract refers to BaseOne.com, Web2WebPros and affiliates of "BaseOne.com". The "Client" refers to the person, business or legal entity who signs this contract for "Internet Services", such as but not limited to domain registration, database design or web hosting by ISP's servers.
1. LIABILITY LIMITATIONS DUE TO OMISSIONS AND ERRORS IN THE WEB SERVICE
IMPORTANT - PLEASE READ CAREFULLY : THE ISP AND THE CLIENT MUTUALLY AGREE THAT IN THE EVENT OF ANY OMISSIONS OR ERRORS, THE ISP'S LIABILITY FOR DAMAGES TO ANY CLIENT IS STRICTLY LIMITED TO THE LESSER AMOUNT OF EITHER THE ACTUAL MONEY PAID TO THE ISP OR THE VALUE OF THE LOSS. DAMAGES ARISING FROM AN ERROR, OMISSION OR ANY OTHER CAUSE MUST BE CLAIMED IN WRITING WITHIN 30 DAYS OF COMPLETION OF THE SERVICE, EXCEPT IN THE CASE OF CONTINUING SERVICES SUCH AS PRE-PAID MAINTENANCE CHARGES. CONTINUING SERVICES IF CANCELLED BY THE CLIENT ARE NOT REFUNDABLE AND IF THESE CONTINUING SERVICES ARE CANCELLED BY ISP THE AMOUNT ACTUALLY PAID FOR THE CONTINUING SERVICE IS PRO-RATED FOR THE TIME LEFT ON THE SERVICE TERM. ALL DAMAGES ARE LIMITED TO THE AMOUNT OF MONEY ACTUALLY PAID BY THE CLIENT FOR THE INTERNET SERVICE, LESS PRORATION TO TIME LEFT ON A SERVICE TERM OR IN THE CASE OF DESIGN WORK LESS THE AMOUNT EARNED OR THE DEPOSIT, WHICHEVER IS GREATER FOR DESIGN WORK AND/OR CORRECTIONS ALREADY STARTED. CLIENT SHALL DEFEND, INDEMNIFY AND HOLD ISP, ITS OWNERS, OFFICERS, EMPLOYEES, SALESPEOPLE, AGENTS HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, SETTLEMENTS, LIABILITIES AND EXPENSES INCLUDING ATTORNEY FEES ARISING OR RESULTING FROM HOSTING CLIENT'S WEBSITE OR CLIENT'S USE OF ANY PROVIDED INTERNET SERVICE.
2. Any change in the terms and conditions of this contract must be only in writing and signed by the ISP and the Client.
3. ISP does not guarantee any response or results to the Client In the case of website design or hosting nor does IPS guarantee any listing by any search engine, as BaseOne.com is not owned by or affiliated with any search engine.
4. ISP shall have the right to assign, sell or transfer this agreement with the same terms and conditions to any firm, corporation or individual at any time of the contract term, the assignee shall assume all the rights and obligations of the ISP mentioned in the contract.
5. ISP has the right to disclose all or any of the information provided by the Client to a third party or parties, including but not limited to credit reporting agencies, as well as to receive information from a third party or parties including but not limited to credit reporting agencies, for the purpose of collecting money due to the ISP or to comply with any legal requirement, such as a court request for records.
6. Payments are due on the specified due date. There are a maximum of 2 (two) payments for each website. All collection costs and legal fees and attorneys' fees incurred in collection will be paid by the Client.
7. All payments must be made by check, money order or credit card. NO CASH!
8. ISP may submit website to different search engines, but ISP does not guarantee the website will be listed by any search engines.
9. The person signing this contract on behalf of the Client warrants that he or she is authorized by the Client to sign this contract for and on behalf of the Client.
10. If no payment schedule is mentioned for payment of the website in the contract, the Client agrees and promises to pay the full amount as mentioned on the reverse side, within 30 days (thirty days) from the date the Client signs the contract on the reverse side. If the payment is not made on time then the whole amount will be due and payable on final demand. All collection costs and legal fees and attorneys' fees incurred in collection will be paid by the Client.
11. Once the domain setup and related services have been completed, the Client is obligated and promises to pay the full price of the annual website hosting fees for the first year. Should an error or omission occur in the web service, Client agrees to abide by paragraph 1 of liability limitations in this contract. ISP's liability is limited to the refund of money actually paid for a website not launched or web service not completed due to any reason or for an uncorrected error or omission, noting pro-rated conditions in paragraph 1.
12 ISP does not take any responsibility for the materials displayed in the website or used in the web service by the Client.
13. The Client agrees not to display any unlawful, pornographic, racial and other such material on the website, and will abide by the laws of the United Sates of America. Use of any web service that violates the law is prohibited and will nullify this contract rendering any money actually paid non-refundable plus limitations imposed by paragraph 1.
14. The Client will have access to their ftp site, and agrees not to resell this space or ftp access to a third party without prior permission from the ISP in writing.
15. The Client agrees not to use and display any logos, animations or photos which may be in violation of any copyright laws.
16. The ISP will launch the website or complete the web service as agreed in the signed contract. All job completion time frames begin after the submission of all web service information is received by the ISP. All prices for the web service are good for 12 months from the date the web service is first launched or completed, unless otherwise noted in the contract.
17. The ISP is not responsible for any loss of data during ftp transfers or due to any other reasons on the server including power failure or server malfunction. The Client agrees not to make any claims to the ISP because of power failure, server malfunction and any other related reason. Client agrees to abide by paragraph 1 of liability limitations in this contract.
18. E-commerce and Database packages are charged extra according to the corresponding services provided by the ISP. ISP does provide SSL (Secured Socket Layer) protection on databases and e-commerce sites hosted by the ISP, but does not guarantee any authenticity of the credit cards or money transferred through credit cards. Client must, provide ISP with all API information (API number, API password, and API signature) from their gateway provider to connect with the E-commerce shopping cart. The ISP provides
E-commerce shopping cart only through "Zen Cart". Client will change API password after ISP has set up & tested the configurations.
19. Domains owned by the Client but hosted by the ISP are property of the Client. ISP is not responsible for any domain name disputes, trademarks, etc. The Client understands and agrees to register the domains in compliance with all applicable Internet rules and laws of the United States of America.
20. Software Ownership belongs to the ISP. Client may purchase software under separate contract only.
21. Uptime of service is guaranteed at 99.9% as per server conditions. Downtime refund of maintenance service time is pro-rated for the downtime only!
IMPORTANT: Please read all the terms and conditions on the front and back of this contract very carefully before you sign the approval on the reverse side.